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C H A P. I.
Remissness about the plot. - Affairs of Scotland.-The duke of

Marlborough marches into Germany. - Battle of Schellen-
burgh.-Battle of Hochflet.--Landau taken.-Bruges bom-
barded. -- Affairs at sea.-Gibraltar taken.--Engagement off

Affairs of Portugal.-The fiege of Gibraltar by the Spaniards raised.- Affairs of Italy.--- In the Cevennes of Hungaryof Poland. ---Third fefion of parliament.--Supplies granted.The occasional bill again brought in.-Rejected by the lords. -Debates and resolutions concerning Scotland. The duke of Marlborough complimented by the lord keeper. The duke's answer.-French prisoners sent to Nottingham. The manor of Woodstock settled on the duke of Marlborough. - Complaints of the admiralıy.A design against the Electorefs of Hanover.--Affair of the five Ailesbury men.The parliament prorogued and afterwards disolved. --Bills not pajed.

URING these transactions, the Scotch plot made 1703-4. a great noise, and, accounts of it soon reaching

France, Frazier was immediately shut up in the RemiffBaftile. On the other hand, Lindsay, who would disco- ness about vernothing before the committee of lords, was tried upon

the plot. VOL. XVI.

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1703-4. the act made against corresponding with France, and sen

tenced to die. Being carried to Tyburn, he was told by State the sheriff, that he must expect no mercy, unless he actrials. knowledged his crime, and discovered what he knew of the

conlpiracy. But, as it was believed, upon a secret inti. mation, that he was to be reprieved, he still continued obstinate and mute, and was carried back to Newgate, where he continued prisoner for foine years, and then, being banished the kingdom, he died in Holland in a very miferable condition. The truth is, whether, as some were of opinion, the ministry found the queen inclined to favour the friends of the court of St. Germains ; or whether they themselves were unwilling to irritate the Scots at this critical juncture; it is most certain, that, even after the removal of the earl of Nottingham, the farther discovery of the plot was prosecuted with great tenderness or negligence (a).


(a) of this there are the " they all embarked for Scotfollowing inttances. Towards“ land, to the number of fifthe end of June 1704, Captain teen or fixteen gentlemen, Francis Lacan, late of the lord “ with three ladies, the same Galway's regiment of foot in “ day that captain Lacan Piedmont, and who, in king“ failed from the Brill for EngJames's time, had been an en “ land with the retinue of an sign in Dumbarton's regiment, envoy from the duke of Sa. came over from Holland, and


Mr. secretary Harley upon oath delivered an infor- having communicated this inmation in writing to Mr. se- formation to the lord treasurer, 'cretary Harley, importing in orders were immediately dissubstance, “ That fir George patched to Scotland to seize “ Maxwell, captain Leving- fir George Maxwell and his fol. “ fton, captain Hayes, and le- lowers; which was accordingly “ veral other Scotch officers, done juft upon their landing. " who came from the court of But though, by what had al“ St. Germains to Holland, ready appeared before the com

near a year and a half be- mittee of the lords and other “ fore, after having held fe. concurring evidences, it was veral private consultations plain that they came with a desi in divers suspicious places lign to raisé commotions in “ in the neighbourhood of Scotland, yet they were soon “ the Hague ; and fir George after set at liberty; and fir “ having in vain endeavoured George Maxwell was not only

to get a pass from Mr. Stan. permitted to come to London, " hope, the queen's envoy, but highly caressed by some


However the duke of Queensberry's management of the 1703-4. plot was so liable to exception, that it was not thought fit to employ him any longer in the administration of Scot. Afairs of land ; and it seems, he had likewise brought himself un- Scotland. der the queen's displeafure; for it had been proposed by

Burnet. some of his friends in the house of lords, to desire the queen to communicate to them a letter, which the duke had wrote to her of such a date. This looked like an examination of the queen herself, to whom it ought to have been left, to fend what letters she thought fit to the house, and they ought not to call for any one in particular. The matter of this letter made him liable to a very severe censure in Scotland; for, in plain words, he charged the majority of the parliament, as determined in their proceedings by an influence from St. Germains. This exposed him in Scotland to the fury of a parliament ; for, how true foever this might be, such a representation of a parliament to the queen, especially in matters, which could not be proved, was, by the laws of that kingdom, leasingmaking, and a capital crime.

The chief defign of the court, in the session of the Scotch parliament this summer, was to get the fucceflion of the crown to be declared, and a supply to be given for the army, which was run into a great arrear. In the debates of the former session, those, who opposed every thing,

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great .men. As for captain La- life, readily discovered all he can, though his information knew, and who among other proved fo true and exact, that particulars acquainted Mr. feħis zeal and diligence were at cretary with the constant corfirit greatly extolled, both by respondence of the duke of the lord treasurer and the se- Hamilton with the court of St. cretary; and though he did Germains, was likewise sent to farther service to the govern- Holland with Lacan upon some ment, by seizing, in St. James's idle business, for fear, as it is park, a young Irish gentleman, probable, that he should relate lately a retainer to the court of how easily he had escaped, or of St. Germains ; yet, after he what little stress was laid on his had attended daily at the secre- discoveries. At the same time tary's office for above three came over from France, withmonths, and consumed his small out a pass, one of the daughters subilance, he was sent back to of fir Theophilus Oglethorpe, Holland, without any other and, consequently, lay at the recompence than empty pro- mercy of the government, but mises. Nor was this all, for was never brought into trouble the Irish youth, who to save his on that account.

1703-4. more particularly the declaring the succession, had infift

ed chiefly on motions to bring their own constitution to
such a settlement, that they might fuffer no prejudice
by their king's living in England. Mr. James Johnston,
who had been secretary of state for Scotland under king
William, was now taken into the administration, and
made lord-register in the room of fir James Murray of
Philiphaugh. He proposed, in concert with the marquis
of Tweedale and some others in Scotland, that the queen
should impower her commissioner to consent to a revival
of the whole settlement made by king Charles I. in the
year 1641. By that the king named a privy-council, and
his ministers of state in parliament, who had a power to
accept of, or to except to the nomination, without being
bound to give the reason for excepting to it. In the in-
tervals of parliament, the king was to give all employ-
ments with the consent of the privy council. This was
the main point of that settlement, which was looked up-
on by the wisest men of that time as a full security to all
their laws and liberties. It did indeed divest the crown of
a great part of the prerogative, and it brought the par-
liament into fome equality with the crown.
upon the representation made to her by her ministers, of
fered this as a limitation upon the successor, in case they
would settle the succession, as England had done ; and,
for doing this, the marquis of Tweedale was named her
commissioner. The queen also signified her pleasure very
positively to all who were employed by her, that she ex-
'pected they should concur in settling the succession, as
they desired the continuance of her favour. Both the
duke of Marlborough and the lord-treasurer Godolphin
expressed themselves very fully and positively to the same
purpose. Yet it was artfully surmised and spread about
by the jacobites, and too easily believed by jealous and
cautious people, that the court was not sincere in this

or at best indifferent as to the success. Some went further, and said, that those, that were in a partiticular confidence at court, secretly opposed it, and entered into a management or design to obstruct it. There did not appear any good ground for this suggestion; yet there was matter enough for jealousy to work on, and this was carefully improved by the jacobites, in order to defeat the design; and they were put in hopes, in case of a rup


The queen,

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